QUESTION
Are the police legally allowed to search my home without a warrant?
Asked on Jun 03rd, 2011 on Criminal Law - New Jersey
More details to this question:
If you are throwing a party, and the cops show up at your door, and other than music playing, there is no visible evidence of underage drinking or illegal activity, can they enter your residence without a warrant?
22 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes, and no. It really depends. If you were arrested you need to retain counsel ASAP.
Answered on Jul 12th, 2013 at 12:53 AM
Whether police entry into a private home occurred by either consent or an exception to the warrant requirement requires a detailed analysis by a criminal defense attorney. In the event of a criminal charge hiring an attorney is your best chance of using this to your advantage. In the civil arena, specifically if you are alleging that your rights have been violated, in the absence of a criminal charge and seized evidence, again requires analysis to determine if you have a claim. In either case you should hire an attorney quickly while witness' memories are fresh.
Answered on Jun 10th, 2011 at 2:24 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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There is an old saying that goes something along the lines of: A mouse my enter, and the cold of night can seep into your home, but the King cannot enter. Today the "King" is the Government. In order for the "King" to enter they should have a search warrant. However there are a few exceptions. They can enter if someone with authority to enter also gives them permission to enter as well. For instance, if you have a renter, that renter can consent to the entry of the police to any area of the house which the renter can also enter. Another example would be exigent circumstances. For instance, if the police demonstrate exigent circumstances they can enter. What are exigent circumstances? Good question. If the police can demonstrate the if they did not enter someone could have faced serious injury or death the unwarranted entry will be lawful. Examples of this would be a leaking gas pipe, or a hostage situation. I can only guess what type of exigent circumstance the police will come up with in your situation. Good luck.
Answered on Jun 09th, 2011 at 9:55 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Assume Oregon law applies: Generally they are limited to a knock and talk. If there is evidence of a crime the can investigate. A general search under those circumstances certainly sounds suspect. Did you get cited? If so, was evidence found lead to a criminal charge? If so, a motion to suppress may be successful.
Answered on Jun 08th, 2011 at 4:04 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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The police are entitled your enter your property if they believe for some reason that evidence of a crime is being destroyed. They do not, however, generally have any authority to enter and search your property unless you let them in.
Answered on Jun 08th, 2011 at 8:52 AM
The police can search if they have reasonable cause to suspect that a crime is being commented or if illegal items will be present.
Answered on Jun 07th, 2011 at 3:27 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Legally?? You'll get the answer to that from the judge with your evidence suppression motion[s]. In a party / public nuisance situation, they can certainly investigate potential crimes. They can if you let them by not clearly refusing entry and search. Your word versus theirs in court. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? If you were cited or arrested, raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on Jun 07th, 2011 at 2:59 PM
Criminal Defense Attorney serving Monticello, MN
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Smith, Paulson, O'Donnell & Erickson, PLC
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There are some exceptions to the requirement that police officers have a warrant before they enter your home. Unfortunately, there isn't enough information in this e-mail to know if any of those exceptions apply in your case. You should meet with an attorney in person, or over the phone, to discuss your case and see if there is a basis to exclude the evidence that the police retrieved from your home.
Answered on Jun 07th, 2011 at 12:30 PM
If the sole problem is loud music, I would not invite the police into my home. I'd simply turn down the volume and advise the officer that there will be no more loud music. Most of the time, the police will ask your permission to enter the home. You can deny them permission unless they have an exception to the warrant requirement which would allow them to enter the home without a warrant.
Answered on Jun 07th, 2011 at 12:27 PM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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The police may be entitled to conduct a search of your home in certain circumstances without a warrant. Typically the officer will need probable cause based on some information with exigent circumstances (meaning getting a warrant would not be practical). An officer may conduct a search with consent of someone that they believe in good faith is authorized to give consent. In your situation if the only issue was a music complaint it is not likely they could enter without either a warrant, obtaining consent, or observing illegal behavior.
Answered on Jun 07th, 2011 at 11:37 AM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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Police are not supposed to enter a residence without a warrant unless there is consent or if there are exigent circumstances. Exigent circumstances would mean that they need to get into the house before they can get a warrant or else evidence of the crime will be destroyed or people are in danger. Police are also allowed to "secure" a crime scene. the problem with a loud party you dont know what the caller said to police. the police may not meet the owner of the premises at the door so do not have the correct person to ticket and people who come to the door may simply consent to police entry w/o question.
Answered on Jun 07th, 2011 at 11:24 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The police can only enter your home if they have a warrant, they have permission, or a valid exception to a search warrant applies. Loud music would not really fit into a warrant exception. They could only enter if they believed based upon what they heard or saw, that someone was in danger or they could plainly see or smell drug use or underage alcohol use occurring. If this happened and charges were filed, have an experienced criminal attorney evaluate the police report. The charges could possibly get reduced or dismissed.
Answered on Jun 07th, 2011 at 11:00 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Generally the police need probable cause to enter and search your home, unless someone invites them in.
Answered on Jun 07th, 2011 at 10:46 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In the situation you describe, the police can search if they are given permission. It may be innocuous as "may we come in?" Once permission is given, then anything in plain view is fair game. Also, if persons appear to be minors, they can be questioned about drinking, and I suppose anyone can be questioned. Entering without a warrant, where one is required, can result in suppression of evidence, and perhaps a civil rights claim. You should consult an attorney to best have your situation analyzed I hope that this was helpful.
Answered on Jun 07th, 2011 at 10:43 AM
Geoffrey MacLaren Yaryan
They can't search your home without a warrant unless there is either consent, or exigent circumstances (an emergency situation like someone in danger).
Answered on Jun 07th, 2011 at 10:39 AM
Theodore W. Robinson
The police are not allowed to lawfully search your home without a warrant. However, they often do anyway and call it a"search incident to a lawful arrest" which only applies if there was an arrest. Otherwise, if they did a search, if they found contraband, then an arrest may ensue and that arrest would be flawed and could be challenged successfully because of the lack of warrant in the first place. Consult with a competent and experienced criminal defense lawyer right away if that is the case. Good luck.
Answered on Jun 07th, 2011 at 10:19 AM
Warrantless searches are allowed only under certain strict circumstances, exigent circumstances, welfare, crime in progress are but a few. Of course, they may always search if given permission to do so. Volumes have been written on this subject so a quick answer without a lot more background would not be helpful. Please contact an attorney.
Answered on Jun 07th, 2011 at 10:07 AM
No, but what often happens is the tenant gives implied consent by not explicitly denying permission. Also, there could be probable cause if the police have reason (ie. 911 call) to believe that there is underage drinking taking place.
Answered on Jun 07th, 2011 at 9:42 AM
Criminal Law Attorney serving Stockton, CA
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Bird & Van Dyke, Inc., A Professional Law Corporation
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No, unless they are invited in.
Answered on Jun 07th, 2011 at 9:00 AM
Michael J. Breczinski
Why do they need to come in? They can get a warrant and or tell you to turn down the music or give you a ticket. They do not have an unbridled right to enter the home without probable cause, unless you invite them in.
Answered on Jun 07th, 2011 at 8:54 AM
They can, if you let them in.
Answered on Jun 06th, 2011 at 3:29 PM
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Based on the facts you provided, no. However, I'm sure the police report would read differently. If the search of the house resulted in any criminal charges, you should hire a lawyer immediately.
Answered on Jun 06th, 2011 at 9:58 AM